Food safety in non-profit organisations

April 2015

Food safety in non-profit organisations - ii -

Food safety in non-profit organisations

Published by the State of Queensland (Queensland Health), April 2015

This document is licensed under a Creative Commons Attribution 3.0 Australia licence.

To view a copy of this licence, visit creativecommons.org/licenses/by/3.0/au

© State of Queensland (Queensland Health) 2015

You are free to copy, communicate and adapt the work, as long as you attribute the

State of Queensland (Queensland Health).

For more information contact:

Health Protection Unit, Department of Health, PO Box 2368, Fortitude Valley BC QLD

4006, email foodsafety@health.qld.gov.au, phone 07 3328 9310.

.

An electronic version of this document is available at www.health.qld.gov.au/foodsafety

Disclaimer:

The content presented in this publication is distributed by the Queensland Government as an information source only.

The State of Queensland makes no statements, representations or warranties about the accuracy, completeness or

reliability of any information contained in this publication. The State of Queensland disclaims all responsibility and all

liability (including without limitation for liability in negligence) for all expenses, losses, damages and costs you might

incur as a result of the information being inaccurate or incomplete in any way, and for any reason reliance was placed

on such information.

Food safety in non-profit organisations - iii -

Contents

Summary ............................................................................................................ iv

1.1 Food safety legislation ................................................................................ 1

1.2 Defining a non-profit organisation ............................................................... 1

1.3 Defining the meaning of sell ........................................................................ 1

1.4 Handling food in the home and donating it to a non-profit organisation ....... 1

1.5 Non-profit organisations’ food safety requirements ..................................... 2

1.6 Non-profit activities not required to hold a food business licence ................ 3 1.6.1 The sale of unpackaged food............................................................. 3 1.6.2 The sale of pre-prepared meals ......................................................... 3 1.6.3 The sale of low-risk food .................................................................... 3 1.6.4 The sale of food where the consumer helps prepare it ...................... 4 1.6.5 The sale of food as part of a training activity ...................................... 4

1.7 Non-profit activities required to hold a licence from local government ......... 4

1.8 The sale of food from a licensed non-profit organisation that conducts catering ................................................................................................................ 5

1.9 Licencing fees ............................................................................................. 5

1.10 Frequently asked questions ........................................................................ 5

Materials to support this guideline ...................................................................... 6

Glossary ............................................................................................................. 8

Appendices

Appendix 1 A guide to licencing a non-profit organisation ......................................... 7

Food safety in non-profit organisations - iv -

Summary

Non-profit organisations have exemptions from licencing under the Food Act 2006 (the

Act) for certain activities. However, non-profit organisations have an obligation to

comply with all other provisions of the Act so that food provided is safe and suitable for

human consumption.

This document provides non-profit organisations supplying food as a fundraising

activity with guidance on the requirements under the Act. Information contained in this

document includes an overview of exemptions under the Act, food safety requirements,

activities that have an exemption from licensing and activities that are licensable by

local government.

Food safety in non-profit organisations - 1 -

1.1 Food safety legislation

The Act is the primary food safety legislation in Queensland and applies to all

Queensland food businesses. The objectives of the Act are to ensure food for sale is

safe and suitable for human consumption, to prevent misleading conduct in relation to

the sale of food and to apply the Australia New Zealand Food Standards Code (the

Code). The Act manages food safety according to the level of risk that the food

business presents to the community. Enforcement of the Act is a joint responsibility of

Queensland Health and local government.

The Code includes requirements for the labelling and composition of food. The Code

also includes the Food Safety Standards, which have requirements for food safety

practices and structural requirements for food premises.

1.2 Defining a non-profit organisation

A non-profit organisation distributes all of the money raised to a charitable, cultural,

educational, political, social welfare, sporting or recreational purpose and does not

provide a benefit for any individual member or person.

A person may work for a non-profit organisation and recover any personal costs or

costs of fundraising. No individual person undertaking the activity should receive any

personal benefit, gain or profit.

Any organisation that wishes to publicly raise funds for a charitable or a community

purpose in Queensland is also governed by the Collections Act 1966.

1.3 Defining the meaning of sell

The definition of sell under the Act includes:

food that is offered as a prize or a reward for example a gift hamper or a meat

tray

food that is given away from a food business to a person.

A non-profit organisation that involves the handling or sale of food is considered to be a

food business under the Act.

1.4 Handling food in the home and donating it to a non-profit organisation

Where the food is intended to be given away to a non-profit organisation, the handling

of food at a person’s home is exempt from the Act. This includes an exemption from

structural requirements, licensing, inspection, enforcement, penalty and compliance

provisions under the Act. The person preparing food in the home however does have a

duty of care under the common law system to exercise due diligence to ensure that

only safe and suitable food is provided.

Food safety in non-profit organisations - 2 -

It is recommended that the non-profit organisation ensures that the person preparing

the food in the home has suitable skills and knowledge of the safe handling of food. It is

further recommended that if the person is preparing potentially hazardous food in the

home that consideration is given to the quantity of food that can be safely produced

and transported to the non-profit organisation.

1.5 Non-profit organisations’ food safety requirements

Most non-profit fundraising activities involving the sale of food are exempt from

licensing under the Act. However, all on-profit organisations are still required to ensure

that all food is safe and suitable for human consumption.

The non-profit organisation has an obligation to ensure that all persons undertaking

food handling operations have appropriate skills and knowledge required to produce

safe and suitable food. This means that the food handler has the ability to perform

those tasks that are necessary to ensure the safety of the food being handled. The

non-profit organisation is exempt from this requirement if the food sold is not potentially

hazardous (e.g. biscuits, cakes without cream, jams) or the food is consumed

immediately after thorough cooking (e.g. sausage on bread).

There are a variety of options that a non-profit organisation may take to ensure that the

food handlers have adequate skills and knowledge which may include:

in-house and external training organisations offering food safety training

online food safety training

attendance at food safety courses run by local governments or other bodies such as

industry associations

developing operating procedures that clearly outline the responsibilities of food

handlers

distribution of relevant documentation to food handlers, such as fact sheets.

Exam

ple

s

Baking a cake at home to give to a junior football club committee for sale by the committee at a fundraising event.

Preparing a meat dish in the home to give to the cultural festival to raise funds for the community hall, such as NAIDOC Day, Panayiri or the Maltese Festival.

Exam

ple

To comply with the Food Safety Standards, a non-profit organisation must check that food supplied from a person’s home is received under temperature control, if required, and the food is protected from contamination. Note: while a non-profit organisation may be exempt from obtaining a food business licence non-profit organisations are not exempt from other requirements under the Act.

Exam

ple

A person handling a meat dish at a multicultural festival must know the correct storage temperature to ensure the microbiological safety of the food and have knowledge of potential sources of contamination for the cooked product.

Food safety in non-profit organisations - 3 -

It is recommended that local governments implement a system of administration for

non-profit organisations that are not required to obtain a food business licence. This will

allow the local government to:

develop and maintain a register of non-profit organisations providing food

contact the non-profit organisation in a case of an incident regarding food, for

example, a food recall or foodborne illness outbreak

communicate updates and changes to legislation and compliance requirements

determine the risk classification of each food business

undertake inspections to monitor for compliance under the Act.

1.6 Non-profit activities not required to hold a food business licence

1.6.1 The sale of unpackaged food

A non-profit organisation selling unpackaged food does not require a food business

licence. A food business licence is required however if the non-profit organisation sells

meals on at least 12 days every financial year.

1.6.2 The sale of pre-prepared meals

The non-profit organisation is exempt from having to obtain a food business licence if

the meals are pre-prepared by another entity and are stored and heated or otherwise

prepared by the non-profit organisation in accordance with directions of the meals

manufacturer.

1.6.3 The sale of low-risk food

If the non-profit organisation sells food such as fruit, toast, cereal or food that is not

potentially hazardous such as tea, coffee, soft drinks, biscuits, cakes, confectionary or

nuts the organisation is exempt from having to obtain a food business licence.

Exam

ple

A sausage sizzle (sausage on bread) or a cake stall.

Example events: Community fundraisers, school fetes, fairs and other activities to raise funds.

Exam

ple

s

Serving a frozen meal, after the meal is microwaved in accordance with the instructions on the meal’s packaging.

A van serving soup prepared using packet soup mix.

Exam

ple

A non-profit organisation that provides outside school hours care provides children with breakfast that includes toast and cereal.

Food safety in non-profit organisations - 4 -

1.6.4 The sale of food where the consumer helps prepare it

The non-profit organisation is exempt from having to obtain a food business licence if

the consumer assists in the preparation of the food.

1.6.5 The sale of food as part of a training activity

A non-profit organisation that sells food as part of an educational activity or training

activity conducted by the organisation involving food preparation, hospitality or catering

is exempt from having to obtain a food business licence.

1.7 Non-profit activities required to hold a licence from local government

Non-profit organisations that sell meals on at least 12 days each financial year will be

required to hold a food business licence from the local government. A meal is defined

as food that is intended to be consumed sitting down with cutlery at a table or other

fixed structure and is of adequate substance as to be ordinarily accepted as a meal.

Exam

ple

Care providers in relief accommodation assist clients accessing the service to prepare food and drink.

Exam

ple

A non-profit organisation runs a cooking course for disadvantaged youth. At the end of the course the cooking students cater for 60 guests to raise money for the organisation.

Exam

ple

A sporting club operates a licensed restaurant to raise revenue for the club.

Exam

ple

The following examples are considered to be a meal:

roast meat with vegetables

spaghetti bolognaise

soup served in a bowl

bacon and eggs

The following examples are not considered to be a meal:

hamburger and hot chips

hot dog

pie and peas

soup served in a cup

bacon and egg muffin

Food safety in non-profit organisations - 5 -

A non-profit organisation that holds a food business licence is required to have a

trained food safety supervisor. Name and contact details of the food safety supervisor

must be given to the local government that issued the licence.

1.8 The sale of food from a licensed non-profit organisation that conducts catering

Non-profit organisations with a food business licence must have a food safety program

accredited by their local government if:

the food business involves off‐site catering

the primary activity of the food business is on‐site catering at the premises

stated in the licence

the primary activity of the food business is on‐site catering at part of the

premises stated in the licence.

1.9 Licencing fees

Local governments are able to set their own fees and charges for licencing. For

circumstances where a non-profit organisation is required to obtain a licence, the local

government may choose to either waive the licencing fee or charge a reduced licencing

fee.

For further information on licensing fees, refer to the guideline ‘Fees charged by local

government’.

1.10 Frequently asked questions

Question - A major retail store (not involved in the sale of food) permits various non-

profit organisations to operate a food stall on their premises on weekends. Each

weekend, a different non-profit organisation uses the site. The food is sold to the public

and is a sausage sizzle, consisting of sausages cooked and served directly off the BBQ

- bread, onions, sauces and cans of drink. Is this a licensable activity and if so, who

should be licensed- the non-profit organisation/s or the major retail store?

Answer – This is not a licensable activity. Explanations are provided in the following

scenarios:

1. In some cases, the retail store maintains and provides the equipment used for the

storage and preparation of the food e.g. eskies, BBQ, cooking utensils. The retail

store is not considered to be a food business as their activities do not include

handling or sale of food.

2. If the retail store buys the food to be sold and provides it to the non-profit

organisation, either for a fee or not, the retail store is considered to be a food

Exam

ple

A sporting club operates a licensed restaurant to raise revenue for the club but also has a dedicated function room to cater for wedding receptions.

Food safety in non-profit organisations - 6 -

business. However the food business is not licensable under section 48(1) of the

Act.

3. If the non-profit organisation prepares and sells the food, it is considered to be a

food business. However, the business is not considered to be licensable under

section 48(1) of the Act as a sausage sizzle does not meet the definition of ‘meal’

as defined in schedule 3 of the Act.

Question – The definition of a licensable food business includes a business carried on

by a non-profit organisation and involves the sale of meals on at least 12 days each

financial year. Does this definition include those non-profit organisations that might

provide meals at various locations in a local government area? For example, a service

club that provides sit down meals at 12 or more various community events at different

locations; operating from a different community hall/ kitchen/ temporary facility each

time?

Answer – This is not a licensable activity. Given that the non-profit organisation is preparing the meals at different locations, it does not meet the requirements of section 48(1)(c) of the Act. As such, this operation would not be licensable.

Materials to support this guideline

Queensland Health has developed several resources to assist individuals and non-

profit organisations understand the requirements under the Code including the Food

Safety Standards. These resources are located at www.health.qld.gov.au/foodsafety.

Food safety in non-profit organisations - 7 -

Appendix 1 A guide to licencing a non-profit organisation

Circumstances Requirement Action required

Food is handled in a private home and intended to be given to a non-profit organisation

Exempt from the Food Act 2006

Awareness of the Food Safety Standards is recommended

The food is:

unpackaged food

a pre-prepared meal

a low risk food

partly prepared by the consumer as part of a training activity

a sit down meal conducted less than 12 times/year.

Non-profit organisation does not require a licence

Must comply with certain provisions of the Food Act 2006

The food is a sit down meal conducted at least 12 times/year

Non-profit organisation

requires a licence and a food safety supervisor

Must comply with the Food Act 2006

Obtain a licence from the local government

Have a food safety supervisor

The food is a sit down meal conducted at least 12 times/year and the organisation conducts catering

Non-profit organisation requires a licence, food safety supervisor and food safety program

Must comply with the Food Act 2006

Obtain a licence from the local government

Have a food safety supervisor

Have a food safety program accredited by the local government

Food safety in non-profit organisations - 8 -

Glossary

Australia New Zealand Food Standards Code (the Code)

The Code is a national standard that is adopted by all Australian States and Territories (and New Zealand) into their own food legislation and covers standards for food safety and hygiene, fit-out of food premises and the labelling, composition and advertising of food.

Available from Food Standards Australia New Zealand – www.foodstandards.gov.au/code

Food Act 2006 (Queensland) (the Act)

Primary food safety legislation in Queensland and applies to all Queensland food businesses.

Available from the Office of the Queensland Parliamentary Counsel - www.legislation.qld.gov.au

Food business Means a business, enterprise or activity that involves the handling of food intended for sale or the sale of food regardless of whether the business, enterprise or activity concerned is of a commercial, charitable or community nature and whether it involves the handling or sale of food on one occasion only.

Food safety program Means a documented program that identifies and controls food safety hazards in the handling of food in a food business.

Food safety supervisor

For a food business, means a person who–

knows how to recognise, prevent and alleviate food safety hazards of the food business; and

has the skills and knowledge in matters relating to food safety to persons who handle food in the food business.

Food Safety Standards Means the standards contained in chapter 3 of the Australia New Zealand Food Standards Code.

Low risk food Means food that is unlikely to contain pathogenic micro-organisms and will not normally support their growth due to food characteristics. For example, grains, cereals, carbonated beverages, jams, dried fruits, and whole fruit or vegetables (which are not subject to any further processing).

Meal Means food that–

is, or is intended to be, eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery; and

is of adequate substance as to be ordinarily accepted as a meal.

On-site catering In relation to food a food business, means preparing and serving potentially hazardous food, to all consumers of the food at a premises from which the business is carried on, under an agreement under which the food is–

of a predetermined type; and

for a predetermined number of persons; and

served at a predetermined time; and

for a predetermined cost.

Off-site catering In relation to a food business, means serving potentially hazardous food at a place other than the principal place of business for the food business.

Pathogenic micro-organisms

Means any bacteria, viruses, yeast or moulds that are capable of causing disease.

Food safety in non-profit organisations - 9 -

Potentially hazardous food

Means food that has to be kept at certain temperatures to minimise the growth of any pathogenic micro-organisms that may be present in the food or to prevent the formation of toxins in the food.

This includes:

raw and cooked meat (including poultry and game) or foods containing raw or cooked meat such as casseroles, curries and lasagne

smallgoods such as Strasbourg, ham and chicken loaf

dairy products

seafood (excluding live seafood) including seafood salad, patties, fish balls, stews containing seafood and fish stock;

processed fruits and vegetables such as fruit salads, fruit juices

cooked rice and pasta

foods containing eggs, beans, or other protein-rich foods such as quiche, fresh pasta and soy bean products

foods such as sandwiches, rolls and cooked and uncooked pizza that contain the foods listed above.

Unpackaged food Means all food, other than food that is sealed in a package at a place other than the food business that sells it by retail in that package.

Food safety in non-profit organisations - 10 -

Department of Health www.health.qld.gov.au